Policies and procedures : model policies and procedures for HIV education, infected students and staff, and worksite safety

32 Pages·1995·1.5 MB·English

by  Montana School Boards Association, author

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s^n-P POLIO
AND
PROCEDURES
Model Policies and Procedures for
HIV Education,
Infected Students and Staff, and
Worksite Safety
A
cooperative effort of the
Montana School Boards Association
and the
Montana
Office of Public Instruction
January 1995

MONTANASCHOOLBOARDSASSOCIATION
NancyKeenan, Superintendent OneS. MontanaAve.
PO Box202501 Helena,MT59601
Helena, MT50620-2501
Dear Colleague,
—
The issues surrounding HIV and AIDS in schools appropriate education, rights of infected
—
persons, andworksite safety demand clear guidelines for decision making that teachers, principals,
other educators and school trustees can follow when their schools are confronted with HIV-related
concerns.
The model policies andprocedures in this guide provide the clearguidance schools need to address
HIV issues. The policies and procedures are consistent with federal and state public health
recommendations and with federal and state laws on discrimination and disability. The policies and
proceduresprovideguidancethatisunderstandable,effective,non-discriminatoryandnon-exclusionary.
This document is the third in a series ofguidance on communicable disease policy, including HIV
policy. The firstpiece, GuidelinesforCommunicable DiseaseControlPoliciesinMontanaSchools
(1990), provides general recommendations on establishing a sound communicable disease policy.
The second piece, Developing and Revising HIV Policies (1992), contains a process guide for
developing, revising and evaluating HIV policy. This third piece, Policies and Procedures (1995),
provides specific policies and procedures to address school-based HIV and general communicable
—
disease issues education, infected students and staff, and worksite safety (universal precautions).
We
believethethreeguidancedocumentsprovide thenecessaryreferenceinformationandresource
documents to help Montanaschool decision makers adopt understandable, proactive and practicable
communicable disease policies and procedures.
Sincerely,
Robert L. Anderson
Acknowledgement
This resource documentwas made possible through the cooperative efforts ofthe Montana School
BoardsAssociation and the Montana Office ofPublic Instruction. The MSBA and the OPI wish to
acknowledge the help ofthe Montana Human Rights Commission and the Montana Department of
MSBA
Health and Environmental Sciences in the reviewofthe policies and procedures. Finally, the
andtheOPIextendtheirappreciationtothefollowingindividualsforthetimeandexpertiseinhelping
to frame the policies and procedures included in this guidance document.
• Principal researcher
Beda Lovitt, Attorney-at-Law
• LegalIssues Review
MSBA
Janice Doggett, Attorney,
Mike Dahlem, Attorney, MSBA
Kathleen Holden, Attorney, OPI
Jerry Keck, Compliance Supervisor, Human Rights Division
Anne McIntyre, Administrator, Human Rights Division
Paulette Kohlman, Attorney, Human Rights Division
HIV
• TechnicalReview
Sharon Howard, MN, RNC, MSU College ofNursing
Bruce Desonia, AIDS/STD Program Manager, MDHES
Rick Chiotti, HIV/STD Education Program Director, OPI
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Table of Contents
Page
Education
I.
HIV/AIDSEducation Policy 1
II. Rights and Accommodations
Communicable Diseases Policy 3
Rights and Accommodations - Staff
StaffHealth and Communicable Diseases Policy 5
StaffHealth and Communicable Diseases Procedure 9
Rights and Accommodations - Students
Students With Communicable Diseases Policy 1
Students With Communicable Diseases Procedure 13
III. Worksite Safety
Prevention ofDisease Transmission Policy 17
Prevention ofDisease Transmission Procedure 19
HIV Transmission Information 20
IV. Related Resources 23
,
Education
HIV/AIDS
Education
Policy
To complement the district’s current education efforts on general communicable diseases and
to strengthen the curricular content of the HIV/AIDS education component of the district’s
accredited Health Enhancement program, the Board adopts the following policy.
The Board recognizes that Human Immunodeficiency Virus (HIV) infection and Acquired
Immune DeficiencySyndrome (AIDS) pose a publichealth crisis. At the present time, society’s most
effective weapon against this deadly disease is public education.
The numberofAIDS cases issteadilyincreasing. In the courseoflivingtheirdailylives, students
may come in contact with people who are HIV infected yet asymptomatic as well as people at the
symptomatic stages ofAIDS. Therefore, the district’s health education program shall include factual
information regarding HIV infection. Students shall be told what behaviors put them at risk of
infection andalsoshall bemotivated to prevent infection bymakingwise decisions in theirdailylives.
The Board believes that HIV/AIDS instruction is most effective when integrated into a
comprehensive health education program. Instruction shall be developmentally appropriate to the
grade level ofthe students and shall occurin asystematic manner. The Board particularlydesires that
studentsreceivepropereducationaboutHIVbeforetheyreachtheagewhentheymayadoptbehaviors
which put them at risk ofcontracting the disease.
In order for education about HIV to be most effective, the superintendent or his/her designee
shall ensure that faculty members who present this instruction receive continuing inservice training
which includes appropriate teachingstrategies and techniques. Other staffmembers not involved in
direct instruction but who have contact with students shall receive basic information about HIV/
AIDS and instruction in the use ofuniversal precautions when dealing with body fluids.
Schoolfaculty, parents, communitymembers (includingpublichealthandhealthcareproviders)
and students (as appropriate) shall be involved in the development ofthe HIV education program.
In accordance with Board policy, parents shall have an opportunity to review the HIV education
program before it is presented to students.
LEGAL REFS: MCA 50-16-1001 et seq,AIDS Education and Prevention (AIDS PreventionAct)
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Notes:
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Rights and
A
CCOMMODA
TIONS
Communicable
Diseases
Policy
The school district is required to provide educational services to all school-age children who
reside within its boundaries. Attendance at school may be denied to any child diagnosed as having
a communicable disease which could make the child’s attendance harmful to the welfare ofother
students. In theinstanceofdiseasescausingsuppressedimmunity, attendancemaybedeniedtoachild
withsuppressed immunityinordertoprotectthewelfareofthechildwithsuppressedimmunitywhen
others in the school have an infectious disease which, although not normally life threatening, could
be life threatening to the child with suppressed immunity.
The Board recognizes that communicable diseases which may afflict students range from
commonchildhooddiseases, acuteandshort-termin nature, tochronic, life-threateningdiseasessuch
as human immunodeficiencyvirus (HIV) infection. Thisschool districtshall relyon the adviceofthe
publichealth and medical communities in assessingthe riskoftransmission ofvarious communicable
diseases to determine how best to protect the health ofboth students and staff.
ManagementofcommoncommunicablediseaseswillbeinaccordancewithMontanaDepartment
ofHealthguidelinesandcommunicablediseasescontrolrules (ARM 16.28.101 etseq). Astudentwho
exhibits symptoms ofa communicable disease which is readily transmitted in the school setting may
be temporarily excluded from school attendance.
Students who complain of illness at school may be referred to the school nurse or other
responsible person designated by the Board and may be sent home as soon as the parent or person
designated on the student’s emergency medical authorization form has been notified.
The district reserves the right to require a statement from the student's primary care provider
authorizing the student’s return to school.
In all proceedings related to this policy, the district shall respect the student’s right to privacy.
When information is received by a staffmember or volunteer that a student is afflicted with a
serious communicable disease, the staffmember or volunteer shall promptly notify the school nurse
or other responsible person designated by the Board to determine appropriate measures to protect
student and staffhealth and safety. The school nurse or other responsible person designated by the
Board, after consultation with and on the advice of public health officials, shall determine which
additional staffmembers, ifany, have need to know ofthe affected student’s condition.
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Only those persons with direct responsibility for the care of the student or for determining
appropriate educational accommodation will be informed ofthe specific nature ofthe condition ifit
is determined there is a need for such individuals to know this information due to the risk of
transmission in the school setting ofthe disease to others or the need to protect the child from other
communicable diseases which may be life threatening to the child.
Parents ofother children attending the school may be notified that their child has been exposed
to a communicable disease without identifying the particular student who has the disease.
The superintendent shall initiate procedures to ensure that all medical information will be held
in confidence. Any school staffmember who violates confidentiality shall be subject to appropriate
disciplinary measures.
Note: For purposes of this policy, the term “communicable disease” refers to the diseases
identified in ARM 16.28.202 Reportable Diseases, with the exception ofcommon colds and flu.
Notes:
LEGAL REFS: ARM 16.28.101 et seq, Communicable Disease Control
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Rights and
Accommodations
Staff Policy
Staff Health and
Communicable
Diseases
Policy
Throughitsoverallsafetyprogramandvariouspolicies pertainingtoschoolpersonnel, the Board
shall seek to ensure the safetyofemployees duringworkinghours and assist them in the maintenance
ofgood health. It shall encourage all its employees to maintain optimum health through the practice
ofgood health habits.
Under the circumstances defined below, the Board may require physical examinations of its
employees. The district shall pay for all such physical examinations. Results of such physical
examinationsshallbemaintainedinseparatemedicalfilesandnotin theemployee’spersonnel fileand
may be released only as permitted by law.
Physical Examinations
Iftheworkisofaphysicallydemandingnature, subsequenttoaconditionalofferofemployment
and prior to a commencement of work, the district may require an applicant to have a medical
examination and to meetanyotherhealthrequirementsthatmaybeimposedbythestate. Thedistrict
may condition an offer ofemployment on the results ofsuch examination ifall entering employees
in the applicable job category are subject to such examination. Ifapproved by personnel services, a
30-day grace period beginning from the date ofemployment may be allowed for the employee to
obtain the required medical examination.
All busdrivers, includingfull-time, regularpart-timeortemporarypart-timedriversare required
by state law to have a satisfactory medical examination prior to employment.
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